Guns in the Workplace A Loaded Question

In the state of Washington and Oregon, along with 35 other states, a person may legally open-carry, in any place it is legal, a loaded handgun, as long as there is no "intent to intimidate another or alarm for the safety of other persons". Also, in Washington and Oregon anyone who applies and meets the criteria will be granted a concealed carry permit, with no training required.

Normally, it is only when I see someone, other than a police officer, with a gun strapped to their belt, that I consider my state's gun laws. However, as an employer in both Washington and Oregon, the topic of "open-carry" and "concealed-carry" has been raised.  It is a debate that is bigger than a simple "allowed or not allowed" response.

Employees who want to carry a gun, openly or concealed, into the workplace or while on duty may feel it is their state-given right to do so. They may express that their weapon is for self-defense and they need it for protection. Senator Mark Green of Tennessee has similar views, saying, "The only thing that can stop a bad guy with a gun is a good guy with a gun."

Employers, on the other hand, must examine the question of liability that can come from an employee being armed on the job. If the employee accidentally or purposefully causes harm to or threatens another employee, would these mental or physical injuries be covered as job-related workers' compensation claims? Does allowing employees to have near, immediate access to firearms, at work, create an unnecessary element of risk? According to a National Council for Occupational Safety and Health report, there were 458 workplace homicides in 2011. Of these, 358 were linked to guns.

Does the employer's right to provide a safe work environment for employees and visitors trump an individual's right to possess a firearm? Today, many large employers have written policies that specifically address weapons in the workplace, and, not surprisingly, it depends on the area of the country as to the rigidity of these policies. Other employers are deciding to create "Workplace Violence Prevention" policies that ban guns and weapons of any kind on worksites, as well as bullying, harassment, and threatening comments in or out of the office.

We are in the process of creating a written policy addressing weapons in the workplace.  Quite honestly, even 10 years ago I would have thought it was a "no brainer" as in no weapons at work.

I've considered not having a policy in place at all to avoid the controversy, however, legal counsel advised that we establish a policy.  TMG has nearly a 100 employees and I believe they are probably evenly split on this debate.  I personally take this issue and its potential consequences very seriously as I know other employers do.

Carmen Villarma

President